3-1704. Liability of railroad for negligent injury of certain animals; injury or death as prima facie evidence of negligence; liability of owner for intentional damage
A. A railroad which negligently injures or kills a horse, jack, jenny, mule, cow or other domestic animal, by running a locomotive or cars against the animal is liable to the owner of the animal for the damages sustained by the owner by reason thereof. The killing or injury of the animal is prima facie evidence of negligence on the part of the railroad.
B. If the owner or person in charge of the animals listed in subsection A drives them upon the railroad track or tracks with intent to thereby injure the animal or animals, the owner is liable for all damage occasioned thereby.
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